Benefits

Question:

Do you have medical journal articles, studies or the like in support of the proposition that Agent Orange is "more likely than not" or "at least as likely as not" associated with pancreatic cancer? I have treating doctors prepared to complete "nexus letters" but they require such information to adequately support their opinions.

Jim's Reply:

No, I don't catalog such things but Google does and you can use Google search to find a broad selection of science to support you. I can give you a bit of a hint and let you know that any doctor who writes such a opinion for your claim or appeal should know how to support their statements with science...that's nothing new to them.

You can locate similar cases that include a diagnosis of pancreatic cancer and learn their outcomes by searching key words here https://www.index.va.gov/search/va/bva.jsp 

For what it's worth we don't refer much to nexus letters these days, we talk of IMOs and DBQs. More on that is here https://www.vawatchdog.org/imo-ime-medical-opinions-exams.html  

Question:

I changed my Ft Bragg Credit Union Account Number. I was told that I have to let he VA disability department know so they can make the change from the old account to the new account. Where do I go to let the finance department know?

Jim's Reply:

You can find that info here https://www.va.gov/change-direct-deposit/  

Question:

Married to a veteran for 18 years. I’m listed as a dependent/wife on paperwork during the time he was compassionated back pay from 2012 to present. Now he wants a divorce. Am I entitled to any benefits since now he has a 100% rating?

Jim's Reply:

In any divorce action each party will be entitled to what the law and the court decide they will have, nothing more, nothing less. Many military and veteran spouses enter divorce believing all the things their former partner tells them, most of which aren't true. 

The court will require each of you to complete a financial statement and from that information the judge will use the law to determine who owes what to who. Disability payments from VA are part of that overall income, those benefits are not protected during divorce.

Good luck.

Question:

Hi Jim, I recently received my 100% P&T. Given that, should I attend my previously scheduled VA yearly exam? Can the doctor reduce my rating or should I use my own doctors from here on out? Thanks for your advice.

Jim's Reply:

Your VA primary care provider isn't at all interested in your rating. They really don't get involved in any of that, they're there to provide health care.

If you don't attend at least a yearly exam with your primary care provider, you lose those health benefits unless and until you apply again. I use my Medicare for most of my care because my VA doc is over an hour away. But I make a point to see him 2 or 3 times a year to stay current. I also get all my meds, my CPAP and supplies and more through the VHA.

If you're 100% and it's permanent, you're done with all that. Only under some extreme circumstance could you lose the benefit so you can put it all way in the back of your mind. My vote is to keep the VA health care and get the max you can out of it. That's what i do and I think with the way I've blended my VA care with my civilian care, I get better health care than most at a great price.

Good luck!

Question:

I currently have a 100% total & Permanent disability with the VA and have just been diagnosed with PTSD by the VA. So should I file a claim for this or not? I know that it will not affect my monthly payments.

Jim's Reply:

Yes, I would file the claim were I you. You can't predict what the future may bring and should the newly diagnosed PTSD blossom into something that causes you harm, it'll be handy to have the claim paperwork done and out of the way.  Good luck.

Question:

Hey Jim, I am receiving a 2nd surgery for my meniscus and ACL tear. I was told by the surgeon/ortho Dr. that I would have my disability temporarily bumped to 100%. I'm trying to get the process of this situated prior to my surgery so everything can remain smooth. I was wondering what your opinion on this was and what steps Ii should take. Thanks.

Jim's Reply:

That's correct...a surgery on a rated disability will bump your rate to 100% for a couple months while you recover, maybe more.

You can't file for the benefit before it happens. VA won't accept paperwork for an event that's supposed to happen but may not for any of 100 reasons.

As soon as you have had the surgery, file the claim. Good luck.

Question:

Hey there: I have a 90% scheduler rating and the VA awarded me TDIU. I'm blessed and very appreciative. I still having several claims pending that "if" granted, will increase my rating to 100%. Moreover, I've read that if a veteran is granted 100% scheduler rating while on TDIU; the VA will "automatically converted" TDIU into P/T awarding the veteran 100% P/T dropping the TDIU. Nevertheless, I've also read that this information is incorrect because nothing is automatic when dealing with the VA. Can you please give your insight on the matter.... Thank you!

Jim's Reply:

You are already at 100%. TDIU is a 100% rating. The TDIU rating is exactly the same as any 100% schedular rating except that you aren't allowed to work a full time job.

That's it, no other difference.

P & T is Permanent and Total, an entirely different topic. Your TDIU rating may be temporary or it may be permanent and a 100% schedular rating may be temporary or it may be permanent.

If you are rated as 100% TDIU today and you file claims that take you to 100% schedular, it does change with no notice other than a letter in the mail. That's because if it changes it's pretty meaningless. The pay is the same, benefits are the same, it may be permanent, it may be temporary.

Don't try too hard to convert TDIU to schedular. You could be denied the schedular, lose the TDIU and be reduced to that 90% you had earlier. Sometimes you have to be carful what you ask for.